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Mistakenly sold clocked car

  • 15-05-2017 7:50pm
    #1
    Registered Users, Registered Users 2 Posts: 7


    Hi,

    I traded my old car into a dealer last January against a newer car.
    Just got a call from the dealer today advising the car i traded in had it's mileage clocked previously as a potential buyer had done a cartell report on it.

    I brought the car from a dealer the start of 2016 and I didn't know anything about the car having being clocked. The mileage on the NCT cert matched what was on the clock and not knowing anything about cars i assumed all was ok.

    From the potential customers cartell report the car seemed to have been clocked when it came over from the UK in 2013.

    Am I liable for anything here? I brought and sold the car unaware it had been clocked. Should the dealer that accepted it as trade in have carried out reporting checks on it before taking it?


Comments

  • Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    What did they dealer say? Do they want anything?


  • Closed Accounts Posts: 18,958 ✭✭✭✭Shefwedfan


    tinchento wrote: »
    Hi,

    I traded my old car into a dealer last January against a newer car.
    Just got a call from the dealer today advising the car i traded in had it's mileage clocked previously as a potential buyer had done a cartell report on it.

    I brought the car from a dealer the start of 2016 and I didn't know anything about the car having being clocked. The mileage on the NCT cert matched what was on the clock and not knowing anything about cars i assumed all was ok.

    From the potential customers cartell report the car seemed to have been clocked when it came over from the UK in 2013.

    Am I liable for anything here? I brought and sold the car unaware it had been clocked. Should the dealer that accepted it as trade in have carried out reporting checks on it before taking it?

    Garage can't prove you knew it was clocked. They should have ran the reports themselves.

    I would guess you have a pi**ed off salesman, got a giving out to by manager and he rang to see if you would admit anything...

    Say you never knew anything and point him in direction of person you bought off


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    The dealer really should have verified it before they bought it from you. It's professional diligence for them.

    I wouldn't stress over it. What can they do? Nothing, really.

    You were "fooled" too.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    The dealer who took it off you was cutting corners by not doing the research which his prospective customer has gone and paid for. Give him the name of the dealer who sold you the car, tell him to take it up with him.

    I can just imagine what he would say if your man had bought the car and them come back a few weeks later with the evidence about clocking. In the true tradition of the 'industry' he would have told him to PFO.


  • Registered Users, Registered Users 2 Posts: 7 tinchento


    thanks all for the quick responses. The salesman in dealership said i might be required to take the car back and pay them for it but going from your replies he really seems to be chancing his arm.


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  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    tinchento wrote: »
    thanks all for the quick responses. The salesman in dealership said i might be required to take the car back and pay them for it but going from your replies he really seems to be chancing his arm.

    Yeah, that's 100% not going to happen.


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    tinchento wrote: »
    thanks all for the quick responses. The salesman in dealership said i might be required to take the car back and pay them for it but going from your replies he really seems to be chancing his arm.

    Ha ha...tell him he'd be more suited to a job on stage as a comedian. You sold the car in good faith, they failed to carry out their own checks and unfortunately that is their own bad luck, nothing to do with you.

    Like said above, give them the name of the person/dealer you bought the car from and ask them not to bother you again with problems that are technically none of your business.


  • Registered Users, Registered Users 2 Posts: 4,008 ✭✭✭rabbitinlights


    Brilliant. Ring him back and say you've spoke to your lawyer and that you want them to clarify the accusation and send it in writing.

    You'll never hear from them again.


  • Registered Users, Registered Users 2 Posts: 2,542 ✭✭✭Vizzy


    Two words - caveat emptor.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    tinchento wrote: »
    thanks all for the quick responses. The salesman in dealership said i might be required to take the car back and pay them for it but going from your replies he really seems to be chancing his arm.

    You are a consumer, he is a professional working in the trade who is now trying to invoke consumer rights in the wrong direction, he hasn't a leg to stand on.

    Tell him to get his solicitor to send you a letter outlining their case, that will be the end of it.


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  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Vizzy wrote: »
    Two words - caveat emptor.

    In the case of a car purchase, that only applies in a private (consumer to consumer) sale.

    OP is a consumer who sold to a dealer, the dealer has virtually no rights because the law considers him to be an expert and if he makes a mistake like the one highlighted here, well that's just tough.


  • Registered Users, Registered Users 2 Posts: 2,542 ✭✭✭Vizzy


    coylemj wrote: »
    In the case of a car purchase, that only applies in a private (consumer to consumer) sale.

    OP is a consumer who sold to a dealer, the dealer has virtually no rights because the law considers him to be an expert and if he makes a mistake like the one highlighted here, well that's just tough.

    That's the point I was making.


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    I suspect he might be trying to trick you into saying something over the phone.


  • Registered Users, Registered Users 2 Posts: 2,063 ✭✭✭Cerco


    Op, be careful of your words.
    The thread title could suggest you knew if was clocked and you regret selling it.

    Your approach is " you were unaware and therefore did not make a mistake"
    You traded it in good faith.

    That's my opinion.


  • Closed Accounts Posts: 887 ✭✭✭Jobs OXO


    Any update


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